Isabella Carter
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born within the country's jurisdiction. The Amendment also ensures that no state shall deprive any person of life, liberty, or property without due process of law, nor deny any person within its jurisdiction equal protection of the laws. This has been interpreted to mean that undocumented immigrants, including Dreamers, are entitled to due process and equal protection under the law. The Deferred Action for Childhood Arrivals (DACA) program, established in 2012, offers protections to undocumented immigrants who entered the country as children, similar to those outlined in the Fourteenth Amendment. Despite legal challenges and attempts at rescission, DACA recipients continue to be protected from deportation and can renew their status.
| Characteristics | Values |
|---|---|
| Amendment number | Fourteenth Amendment |
| Who is protected | Aliens within the United States, including those who entered unlawfully |
| Rights protected | Due process of law, equal protection under the law, birthright citizenship |
| Landmark cases | Shaughnessy v. United States ex rel. Mezei, Mathews v. Diaz, Plyler v. Doe, Zadvydas v. Davis, United States v. Wong Kim Ark, Brown v. Board of Education, Roe v. Wade, Bush v. Gore, Reed v. Reed, University of California v. Bakke |
| Legislative history | Ratified three years after the end of the Civil War, interpreted through Wong Kim Ark |
| Recent developments | Executive Order 14156, Deferred Action for Childhood Arrivals (DACA), Supreme Court rulings on DACA rescission |
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What You'll Learn
The Fourteenth Amendment and birthright citizenship
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born "within the jurisdiction of the United States". The Citizenship Clause of the Fourteenth Amendment states that:
> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Fourteenth Amendment was enacted following the end of the Civil War to guarantee certain rights for African Americans in all the states. The Supreme Court's 1898 ruling in United States v. Wong Kim Ark established birthright citizenship for children of all immigrants, regardless of their parents' citizenship status. This ruling cemented the interpretation of the Citizenship Clause, holding that a child born in the United States is a citizen entitled to all the rights and privileges of citizenship, even if their parents are not eligible for naturalization.
However, the Fourteenth Amendment has been interpreted differently over time. In the infamous Dred Scott decision, the Supreme Court rejected birthright citizenship for people of colour, specifically the descendants of enslaved people brought to the United States. This decision was later rectified by the Fourteenth Amendment, which sought to guarantee certain rights for African Americans.
In recent years, there have been attempts to restrict birthright citizenship, particularly for children born to undocumented immigrant parents. The Trump administration's Executive Order 14156, titled "Protecting the Meaning and Value of American Citizenship", sought to redefine birthright citizenship by excluding children born to non-citizen parents from automatic citizenship. The order asserts that the Fourteenth Amendment does not extend citizenship to everyone born in the United States, but only to those "'subject to the jurisdiction thereof'". This order was blocked by several district courts and is currently being challenged in the Supreme Court.
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The Fifth Amendment and due process
The Fifth Amendment of the US Constitution guarantees "due process of law". Due process rights refer to the legal procedures the government must follow before depriving an individual of life, liberty, or property. The Fifth Amendment states that:
> No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Procedural due process rights require the government to provide a person with notice and an opportunity for a hearing before deprivation. The Supreme Court has interpreted the Fifth Amendment's Due Process Clause to include substantive due process guarantees, protecting certain fundamental constitutional rights from federal government interference, regardless of the procedures the government follows when enforcing the law. Substantive due process rights protect fundamental rights that are not listed in the Constitution, such as the right to privacy, marriage, and family autonomy in raising children.
The Fifth Amendment's Due Process Clause applies to all 'persons' within the United States, including aliens, regardless of their legal status. The Supreme Court has ruled that aliens who have once entered the United States, even illegally, may only be expelled after proceedings conforming to traditional standards of fairness encompassed in due process of law.
The Fifth Amendment is not the only amendment that deals with due process. The Fourteenth Amendment also contains a Due Process Clause, which imposes the same due process limitations on the states as the Fifth Amendment does on the federal government.
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The Fourteenth Amendment and equal protection under the law
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born within the jurisdiction of the United States. The amendment was enacted following the Civil War and was a response to the Dred Scott decision, which rejected birthright citizenship for people of colour. The Fourteenth Amendment marked a significant shift in American constitutionalism by imposing greater constitutional limitations on the states than had been in place before the Civil War.
The Fourteenth Amendment also addresses citizenship and the rights of citizens, including the right to equal protection under the law. The Equal Protection Clause, located at the end of Section 1 of the amendment, states that "No state shall... deny to any person within its jurisdiction the equal protection of the laws." This clause was intended to validate the equality provisions of the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law. The Fourteenth Amendment's Equal Protection Clause has been central to numerous landmark cases, including Brown v. Board of Education, which challenged racial discrimination, and Obergefell v. Hodges, which legalised same-sex marriage.
The Fourteenth Amendment's scope has been the subject of debate and litigation, with the Supreme Court interpreting it in various ways over time. For example, in the Slaughterhouse Cases, the Court narrowed the amendment's scope, holding that a citizen's privileges and immunities were only ensured at the federal level. In contrast, the Equal Protection Clause has been interpreted broadly, with the Court acknowledging the context in which the amendment was passed to address injustices.
The Fourteenth Amendment has also been invoked in cases involving undocumented immigrants, such as Plyler v. Doe, where the Supreme Court ruled that undocumented immigrant children should have access to education if citizen children do. Additionally, the amendment has been cited in lawsuits challenging executive orders, with judges issuing injunctions to block implementation pending judicial review.
Overall, the Fourteenth Amendment's Equal Protection Clause has had a significant impact on American constitutional law and continues to shape legal interpretations and protections for various groups.
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The Sixth Amendment and the right to legal counsel
The Sixth Amendment of the US Constitution guarantees that "in all criminal prosecutions, the accused shall... have the assistance of counsel for his defence". This right to legal counsel is a fundamental aspect of the US justice system, ensuring that anyone charged with a crime has the opportunity to mount a defence, regardless of their ability to pay for a lawyer.
The text of the Sixth Amendment is clear in its intent to protect the accused during criminal trials. It states that the accused has the right to a "speedy and public trial", an "impartial jury", to be "confronted with the witnesses against him", to "obtain witnesses in his favour", and, crucially, "to have the assistance of counsel for his defence". This means that the accused has the right to legal representation, and if they cannot afford a lawyer, one will be appointed to them.
The right to counsel was affirmed and expanded upon in the 1963 Supreme Court case Gideon v. Wainwright. This case established that the right to counsel applies in both federal and state prosecutions, regardless of whether the counsel is retained or appointed. The Court recognised the right to counsel as "fundamental and essential", a significant step in ensuring equal justice under the law.
The Sixth Amendment right to counsel is not without its limitations, however. It applies only to criminal cases, and even then, there are certain stages of a criminal prosecution where the right may not be fully realised. For example, in the case of Brewer v. Williams, the Court held that the right to counsel attaches "at or after the time that judicial proceedings have been initiated", indicating that it does not apply during the investigative stage. Additionally, for certain misdemeanours, there is no guaranteed right to counsel.
The right to effective counsel is also important. While the Sixth Amendment guarantees the right to an attorney, it does not guarantee the quality of that attorney's representation. The Supreme Court has ruled that the right to counsel implies the right to an effective lawyer, meaning one who engages in zealous advocacy for their client. However, there are exceptions. For instance, in Nix v. Whiteside, the Court found that an attorney has a duty to prevent their client from giving perjured testimony, even if it may benefit the client's case.
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The Fourteenth Amendment and the right to education
The Fourteenth Amendment to the United States Constitution has had a significant impact on protecting individual rights in public elementary and secondary education. While the U.S. Constitution does not expressly mention education, the Fourteenth Amendment has been instrumental in ensuring access to public education for certain groups.
The Fourteenth Amendment's Equal Protection Clause states that a state may not "deny to any person within its jurisdiction the equal protection of the laws". This clause has been interpreted to mean that when a state establishes a public school system, no child living in that state can be denied equal access to schooling. This interpretation has been supported by court cases such as Plyler v. Doe, where the Supreme Court ruled that if children who are citizens have access to free public education, so should undocumented immigrant children. The Court stated that states could not "deny a discrete group of innocent children the free public education that it offers to other children residing within its borders".
The Fourteenth Amendment also protects public education rights through its Due Process Clause, which states that states may not "deprive any person of life, liberty, or property, without due process of law". This clause has been interpreted to protect a parent's right to direct the educational upbringing of their child. For example, the Supreme Court ruled that a state statute prohibiting the teaching of foreign languages and a state statute requiring all students to attend public schools violated the Fourteenth Amendment.
The Fourteenth Amendment was enacted following the Civil War to guarantee certain rights for African Americans in all states. It also guarantees birthright citizenship to every child born "within the jurisdiction of the United States", regardless of their parents' immigration or citizenship status. This interpretation was established by the 1898 Supreme Court case of United States v. Wong Kim Ark, which cemented birthright citizenship for children of all immigrants.
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Frequently asked questions
A 'Dreamer' is a person who came to the United States undocumented as a child.
The Deferred Action for Childhood Arrivals (DACA) program was signed into law in 2012 by President Obama. It aimed to protect undocumented young adults from deportation.
The Fourteenth Amendment to the Constitution has been interpreted as protecting 'Dreamers'. The Amendment addresses many aspects of citizenship and the rights of citizens.
The Fourteenth Amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside".
The Fifth Amendment protects every person within the jurisdiction of the United States from deprivation of life, liberty, or property without due process of law. The Sixth Amendment states that "in all criminal prosecutions, the accused shall…have the assistance of counsel for his defense".
